Truth-seeking as part of transitional justice in Malaysia (Part 2)


Rayner Sylvester Yeo

Transitional justice is the redress of past wrongdoing through methods such as truth-seeking, prosecution, reparation and institutional reforms. – The Malaysian Insight file pic, May 15, 2023.

ON May 9, our country marked the fifth anniversary of the first change of government in 2018, which ended of decades of electoral authoritarianism.

On May 13, we marked the first commemoration of the 1969 racial riots since the new government came into power. 

The first was a high point of our country’s history and the second, a dark chapter.

Both are related to the subject of this article, which is a necessity for the declassification of official documents on the events of May 13 as a vital step towards achieving post-democratisation transitional justice.

As explained in Part 1, transitional justice is the redress of past wrongdoing through methods such as truth-seeking, prosecution, reparation and institutional reforms.

The term is used in various contexts but the most common usage is in the context of a post-authoritarian society, in which the new government and society in a now democratised nation seek to investigate and redress the past national traumas that occurred during the rule of the former authoritarian government, particularly the ones involving violence and violation of human rights.

The first step of transitional justice is to establish the truth and set the record straight. But this is often easier said than done.

Take Spain, for example. Despite the transition to democracy following the death of right-wing military dictator Francisco Franco in 1975, it took until 2018 for the Spanish government to launch a truth commission to probe into Franco-era crimes.

This is a normal occurrence in many post-authoritarian societies where the political elites and bureaucrats from the authoritarian era are still part of the political life and civil service of the country.

As a country that is still struggling to consolidate democracy and facing various challenges in many areas of governance, Malaysia probably does not have the luxury of waiting for a few more decades before we start uncovering the truth of our dark past.

It is therefore vital for us to start the process now while the window of opportunity is open. After all, democratic backsliding has become increasingly common in recent years.

Despite our progress in the last few years, there is no guarantee that we will not fall back into authoritarian rule like what has happened in many other countries which had showed promise of leaving authoritarianism behind.

It should also be noted that the witnesses and survivors of past events are growing older and their numbers are dwindling fast.

In fact, it could be argued that if we want to prevent ourselves from falling into a democratic backslide, it is vital for us to compile the truth about our historical national traumas so that we can learn from past mistakes.

There are many incidents in our country that warrant investigation. But the most important one is, without a doubt, the May 13 Incident.      

It is not an exaggeration to state that the May 13 riots were the most consequential event in our history after independence and the formation of Malaysia itself.

Many of Malaysia’s existing political, economic, educational and cultural policies can be traced back to the tragedy.

After 54 years, the incident remains divisive and the chronicles of the events are still hotly contested.

The official narrative cites racial politics, communists, secret socities, provocation by opposition parties as the cause of the riots. But some argue that the incident was the work of Umno-linked parties, particularly the faction led by Abdul Razak Hussein.

Let us settle the arguments once and for all.

The public records of government institutions, such as those of the cabinet, hospitals, police (particularly Special Branch) and army, are until today classified under the Official Secrets Act. They must be declassified.

The information contained in these documents should be scrutinised and probed to establish the truth.

The Official Secrets Act should also be reviewed and amended to reflect the principles of a democracy.

Many mature democracies have a secrecy act which stipulates that most classified information, with certain exceptions, would be automatically declassified after a certain period of time. This is what we should be pursuing.

After more than half a century, it is time for the truth. – May 15, 2023.

* Rayner Sylvester Yeo is a member of Agora Society. He was born in Sabah and is currently residing in Kuala Lumpur. Having grown up in a mixed-ethnic, multi-faith family and spent his working life in public, private and non-profit sectors, he believes diversity is the spice of life.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.



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